SAN FRANCISCO (Legal Newsline) – A San Francisco consumer alleges a brand of chocolate products deceives consumers into thinking the candies do not contain artificial flavoring.
Howard Clark, individually and on behalf of all others similarly situated, filed a complaint on Oct. 4 in the U.S. District Court for the Northern District of California against The Hershey Co. alleging fraud by omission and other counts.
According to the complaint, the defendant manufactures and sells Brookside dark chocolate products. The plaintiff alleges the packaging on the products is an "advertising scheme ... intended to give consumers the impression that they are buying a premium, all-natural product with only natural flavoring ingredients instead of a product that contains artificial chemicals and that is artificially flavored."
The plaintiff alleges the products contain malic acid, an artificial flavor, and that the products' labeling falsely states "no artificial flavors."
The plaintiff holds The Hershey Co. responsible because the defendant allegedly "concealed the truth about the products by not disclosing the existence of artificial flavoring ingredients on the front label of the products as is required by California and federal law," the suit states.
The plaintiff requests a trial by jury and seeks judgment for punitive damages, pre- and post-judgment interest, attorney fees, and costs, and such other and further relief as the court may deem just, equitable or proper. He is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego.
U.S. District Court for the Northern District of California case number 3:18-cv-06113-WHA